Who Pays for Delay? The role of Liquidated Damages

A paper given to the Society of Construction Law Hong Kong on 5 November 2002

The author considers the circumstances in which damages may be liquidated, and the advantages and disadvantages to both Employer and Contractor of doing so, noting that Contractors' delay losses are rarely liquidated. The paper goes on to review the modern approach of the Courts to penalty arguments, and issues arising from concurrent delay with reference to the (UK) SCL disruption protocol of October 2002.

Themes - Categorisation of Contracts - Advantages and Disadvantages of Liquidated Damages - Modern Approach to 'Penalty' Arguments - Issues of Concurrency.

The author: Nicholas Dennys is a Queen's Counsel and member of Atkin Chambers, London.